WHEN DO I NEED A SEDIMENT CONTROL (SC) PERMIT?

The purpose of the Sediment Control Permit is to prevent excessive erosion and stormwater flow from land disturbing activites from causing siltation and degradation of streams and waterways.

A permit is required for any land disturbing activity in Montgomery County that disturbs 5,000 sq. ft. or more of land, results in 100 cu. yds. or more of earth movement, or is for the construction of a new residential or commercial building. An applicant must have approved erosion, sediment control and stormwater management plans before construction begins. Agricultural land management activities are exempt if the land has been farmed by the same owner within the last 5 years or a Declaration of Intent has been filed with the Department. Nursery operations and the cutting of trees are considered to be land disturbing activities and are not exempt.

WHICH TYPE OF SEDIMENT CONTROL PERMIT WILL I NEED?

• The plans must be prepared and certified by a professional engineer, land surveyor, landscape architect, or architect.
• Stormwater management plans, as required by the County Code, are to be included as a part of the permit application. These plans must be prepared and certified by a professional engineer, land surveyor or landscape architect.
• An estimate of Stormwater management costs is required.
• Include the IF-1 form (Information Form) with each submittal.

1. Stormwater Management is not required,
2. The total amount of cut and fill is less than 1000 cubic yards,
3. The disturbed area is at least 25 feet from a floodplain, stream, wetland, or other sensitive area, and
4. The purpose of the permit is for:
   1. Construction of a single family residence or addition on a lot of 20,000 square feet or less, or
   2. Other construction activities (tennis courts, accessory structures, etc) on a residential lot of any size as long as the amount of land disturbance is 20,000 square feet or less, or
   3. Other land disturbing activities which do not justify engineered plan requirements, as determined by the Department of Permitting Services.

• For logging and timber removal operations
• Sediment control plans are approved by the Montgomery Soil Conservation District
• Forest harvest area must remain as woodland - No change in land use

• Required for all other, nonexempt land disturbing activities
• May include stormwater management requirements
• Required for commercial properties

WHAT IS THE PERMIT APPLICATION PROCESS

Submit a completed SC permit application, with an engineered erosion and sediment control plan. Permit fees are required at this time. For the SLDA application, two copies of a site plan are required. For Forest Harvest Activities, one copy of all pertinent information is required.

Conditions of Approval

A permit will be issued when all appropriate fees have been paid, necessary bonds posted, and plans have been approved by the Department. In granting the permit, the Department may attach conditions that the Department deems reasonably necessary to prevent offsite sedimentation and the degradation of streams and other waterways. These conditions must be identified on the approved plans. The permittee must certify that all land disturbing activities will be performed pursuant to the approved plans.

Sediment control permits are valid for two years from the date of issuance. All Sediment Control permits may be extended for one year with the payment of the appropriate amount with the minimum fee of $231.00. Forest Harvest permits cannot be extended.

Sediment Control permits must not conflict with conditions shown on approved subdivision plans, development plans, forest conservation plans, or site plans.

Inspections Information

The permittee must notify the department 48 hours before commencing any land disturbing activities and must hold a preconstruction meeting with an authorized department representative. The department may waive the meeting requirement. Call (240) 777-6320 to schedule an inspection.

Other Agencies Involved

Any activity within the public rights-of-way will require a roadway grading permit from the subdivision development section of the department. The Montgomery Soil Conservation District must approve all SC plans for Forest Harvest Activities.

Appeal Procedure

Appeals of the issuance of any SC permit should be directed to Director of the Department of Environmental Protection within five work days from date of permit issuance.

WHAT WILL THE SEDIMENT CONTROL PERMIT COST?

FEES

• Small Land Disturbance Permit
  - Lot Size less than 10,000 Square Feet ……..$693.00
  - Lot Size 10,000 to 20,000 Square Feet ….....$1,391.50
  - Land disturbance 10,000 Square Feet or less …………$693.00
  - Land disturbance greater than 10,000 Square Feet …$1,391.50
  
• Forest Harvest Activities ………………...…......$231.00
• Engineered Plan Permits - $0.062 per square foot of disturbed area plus a 10% automation fee; the minimum fee for an engineered sediment control permit is $2,084.50 including the automation fee.
• Engineered Plan Extension Fees - $0.0062 per square foot of disturbed area plus a 10% automation fee; the minimum fee for an extension is $231.00 if as-built review is completed.

The above fees (except for the square foot costs) include an automation fee.

BONDS
(Not required for Small Land Disturbance or Forest Harvest Permits)

• Sediment Control - $300 plus $0.02 per square foot of disturbed area to a maximum of $10,000, plus
  Stormwater Management - based on estimated cost of construction of stormwater management facilities to be submitted with application.

WHEN WILL I RECEIVE MY SEDIMENT CONTROL PERMIT?

• Forest Harvest Permits are issued within a week of application. However, they are mailed to the Montgomery Soil Conservation District for final plan approval.
• Small Land Disturbance permits are issued in a timely manner.
• Each review of an engineered plan takes on average two to four weeks.
• Actual processing time may vary due to workload and the complexity of the site.